how much

my husband and i have been seperated for a month he desided he wanted a divorce at xmas, i dont work we have no assets he has a pension and he earns 1700 a month after tax, i recive incapacity benefit and am wating to hear about housing benefit, in the mean time he has desided to give me 120 per month he said he does not have to give me any thing at all we were married 5yrs and have no children, is what he says right ive been on the calculater and showed him the result but he said its rubbish and he wont give me any money at all from now on can he just do that or should he give me more

Dear Sharon,

I am sorry to hear about your difficulties. Not knowing you it is difficult to offer any more than a few general words of advice.

The first is that benefits can be crucial. I would most certainly advise an appointment with a CAB for a benefit check. You would need to ask the adviser what the effect on your benefits would be if you received spousal maintenance or a lump sum.

Since it is clear that you have a disability of some sort, this is one of the factors a Court is required to take into account. My inclination is that you should try and find a solicitor who will give you preliminary legal advice without charge. Your CAB may be able to suggest one, but make sure it is a solicitor specialising in this field. I would say that I think it is likely that a Court would order spousal maintenance on these figures, but how much, I wouldn't like to speculate. You must ask your solicitor about the marital home, and whether, following the House of Lords decision in the McFarlane case, you could be entitled to an interest in it. You must also ask about what help is available towards legal costs, and a CAB should be able to assist with this.

Good luck